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Home My WebLink AboutT-5599 - Agreement/Covenant - 4/9/2014 (3) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 b4/b;i/1bI4 " NO FEE- Government Code 6103 CITY OF FRESNO Public Works Department LL Z O U W Vi a LU J CL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE MAINTENANCE OF LANDSCAPE IMPROVEMENTS FOR LOT 1 OF THE FINAL MAP OF TRACT NO. 5599 STATEMENT OF COVENANTS Landscape Maintenance Tract No.5599 Page 2 RECITALS WHEREAS, ABN INVESTMENTS LLC, A California Limited Liability Company, hereinafter referred to as the "Covenantor," is the owner of the real property situated in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the"Subject Property" and more particularly described as: Lot 1 of the Final Map of Tract No. 5599 according to the map thereof recorded on A Q,- / .-, .2w C/ in Volume 23 of Plats at Page(s) Q9 + too , Fresno County Records; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument and that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, Resolution No. 2006-525 of the Fresno City Council conditionally approved Vesting Tentative Map No. 5599, hereinafter referred to as the "Tentative Map;" and WHEREAS, a condition of approval of the Tentative Map requires the Covenantor to install and maintain certain improvements within the limits of the Tentative Map; and WHEREAS, a condition of approval of the Tentative Map requires that the maintenance of such improvements shall be the responsibility of the Covenantor, a homeowners association or the City of Fresno's ("City's") Community Facilities District; and WHEREAS, Covenantor has elected to satisfy the majority of this maintenance condition by annexing the Subject Property in the City's Community Facilities District. The remaining improvements not annexed into the City's Community Facilities District are the landscape improvements within a landscape area described as the west 20 feet of the Subject Property; and WHEREAS, Covenantor has elected to satisfy this maintenance condition by Covenantor's personal responsibility; and STATEMENT OF COVENANTS Landscape Maintenance Tract No.5599 Page 3 COVENANTS, CONDITIONS AND RESTRICTIONS NOW THEREFORE, it is agreed in consideration of the foregoing and the approval of the final map for the Subject Property by the City of Fresno, the Covenantor hereby covenants, promises and agrees with the City of Fresno for the benefit of said City that: 1. The landscape improvements within a landscape area described as the west 20 feet of the Subject Property will be designed and installed according to improvement plans prepared by the Covenantor and approved by the Public Works Director. 2. Covenantor shall maintain said improvements at Covenantor's sole expense in a manner acceptable to the Public Works Director. 3. The Covenantor shall provide to every prospective purchaser of the Subject Property, a copy of this covenant. 4. It is the intention hereof that this document shall constitute a covenant in favor of the City of Fresno and shall run with the land and be binding upon the undersigned, its grantees, heirs, and successors and assigns. 5. The foregoing conditions shall remain in full force and effect until such time as the Director of the Public Works Department issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 6. The provisions of this Statement of Covenants shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any one provision thereof. Whenever the context of the Statement of Covenants so requires, in interpreting this Statement of Covenants, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. 7. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Statement of Covenant,the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Statement of Covenant, "attorneys'fees"and "legal expenses" STATEMENT OF COVENANTS Landscape Maintenance Tract No. 5599 Page 4 include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation,whether or not otherwise recoverable as"attorneys'fees"or as"costs" under Califomia law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees. 8. The waiver by either party of a breach by the other of any provision of this Statement of Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same ora different provision of this Statement of Covenant. No provisions of this Statement of Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. STATEMENT OF COVENANTS Landscape Maintenance Tract No. 5599 Page 5 DATED: 3-2-d'- CITY OF FRESNO, COVENANTOR a Municipal Corporation ABN INVESTMENTS LLC, Public Works Department A California Limited Liability Company Scott Mozier, P.E., Director By: - By: Scott ozier, P.E., Director. Raj Sin h, P esident OD_ iS_�I� APPROVED AS TO FORM: DOUGLAS T. SLOAN (Attach Notary Acknowledgment) City Attorney By: 4- - Mary Raterman-Doidge 6eputy City Attorney Date: ` ' CLERK'S CERTIFICATION State of California ) County of Fresno ) On March 21, 2014 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Scott Mozier, P.E., Director, Public Works Department , who proved to me on the basis of satisfactory evidence, to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal YVONNE SPENCE, CMC City Clerk, City of Fresno By Deputy ACKNOWLEDGMENT State of California �5 n County ofI ) / , On L` before me (insert name and title of the officer) personally appeared S ( Yl l- � who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. U , . SUKHPAL HAYER COMM.#2023176 NOTARY PUBLIC-CALIFORNIA10 FRESNO COUNTY O COMM.EXPIRES MAY 4,2017 Signature (Seal) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on IOAM �97, in the office of the Fresno County Recorder as Document No. of which the Deed of Trust in by and between: /V/ as Trustor, UlliledS G-k4 as Trustee, and n �-5e&6`4 , as Beneficiary, hereby expressly subordinates said Deed Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for the Maintenance of Landscape Improvements for Lot 1 of the Final Map of Tract No. 5599. DATED: Q 2a's BENEFICIARY By: Name: W��c ��•M.Y.��;i7�,✓�T Title: By: Name: Title: (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County /of kEsn J On / I g f i before me, Date t ! `� Here Insert Name an Title of the Officer U(' personally appeared U� (I4m (�- ebmtT' Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso whose namey*is/0e subscribed to the PAMELA KAY ALLEGRO within instru ent and acknowledged to me that Commission # 1973433 he/she/they executed the same in his/her/their authorized ZOMY Notary Public -California z ,capacityQp and that by his/ c* signature*on the Z Fresno County n instrument the persono), or the entity upon behalf of Comm. Expires Apr 25,2016 which the personos�.acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and offi ial ea Signature Place Notary Seal Above Signature N ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document oc Title or Type of Document: *So U"l Halog Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:LQ I Q k�ji l L1_-VC_t)Me7_ Signer's Name: ❑ Individual ❑ Individual Corporate Officer—Title(s): o jsuP ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General -Y _ C! Partner—❑ Limited ❑ General _ ileja El Attorney in Fact • Ct Attorney in Fact • _ ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator L Guardian or Conservator ❑ Other: CI Other: Signer Is Repr senting: Signer Is Representing: _ ni 02007 National Notary Association-9350 De Solo Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827